Patna High CourtCR. MISC./43373/2023bail granted

Sharwan Singh v. The State Of Bihar

2023-07-27Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43373 of 2023 Arising Out of PS. Case No.-299 Year-2022 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== 1.

SHARWAN SINGH Son of Thakur Singh Resident of village - Madurana, P.S. - Chainpur, Distt. Kaimur (Bhabua) 2.

BRIJESH SINGH Son of Lalchand Singh Resident of village - Madurana, P.S. - Chainpur, Distt. Kaimur (Bhabua) 3.

BRIJ NANDAN SINGH Son of Lalchand Singh Resident of village - Madurana, P.S. - Chainpur, Distt. Kaimur (Bhabua) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-07-2023

1. Learned counsel for the petitioners is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioners and learned A.P.P. for the State.

3. The petitioners have preferred this application for grant of regular bail in connection with Chainpur P.S. Case No. 299 of 2022 dated 13.11.2022 registered for the offences punishable u/s 302, 504, 506, 120B, 147, 148, 149 of the Indian Penal Code.

4. As per the prosecution case, the petitioners and the

Patna High Court CR. MISC. No.43373 of 2023(2) dt.27-07-2023 2/3 co-accused persons are alleged to have assaulted the informant's grandson with lathi, danda and iron rod, as a result of which he got injured and died during the course of treatment.

5. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. There is general and omnibus allegation against the petitioners. No incriminating material has been recovered from the conscious possession of the petitioners. The co-accused person has already been granted bail by the Coordinate Bench of this Court vide order dated 19.5.2023 passed in Cr. Misc. No. 25955 of 2023. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 16.2.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bonds of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Kaimur at Bhabua in connection with Chainpur P.S. Case No. 299 of 2022.

Patna High Court CR. MISC. No.43373 of 2023(2) dt.27-07-2023 3/3

8. The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T